Hinds Co. DA receives Mississippi Bar complaint

A second motion to dismiss was filed in the case against Robert Shuler Smith, who faces allegations that he aided two criminal defendants. He has not been indicted on the charges.(Photo: File/The Clarion-Ledger)

The Mississippi Bar Association has filed an official complaint against Hinds County District Attorney Robert Shuler Smith, stemming in part from his allegedly "raucous" courtroom behavior in a Christopher Butler hearing on March 3.

"Mr. Robert Smith, District Attorney for Hinds County, appeared before me in my courtroom and proceeded to act irrational, manic, and virtually out of control," Hinds County Circuit Court Judge Melvin Priester wrote to the Mississippi Bar March 14. "While I regret having to file this report, Mr. Smith's behavior was so bizarre, I am required to do so."

The Mississippi Bar filed the formal complaint in Mississippi Supreme Court Wednesday in response to complaints from judges involving similar allegations to those of Smith's criminal case.

On Thursday, a third judge, County Court Judge Larita Cooper-Stokes, recused herself from Smith's criminal case in a status conference of the case held behind closed doors.

The hearing notice, filed July 21, suggested the July 27 hearing would pertain to Smith's motion for dismissal "based upon admission of Mississippi Attorney General," and take place before Stokes.

Attorneys from the attorney general's office and Smith's attorney, Jim Waide, declined to speak to the media after the closed conference.

Adam Kilgore, general counsel of the Mississippi Bar, filed the first informal complaint against Smith on April 13 in reference to Priester's letter.

"Mr. Smith interrupted the proceedings and accused the Attorney General's Office of misconduct in an unrelated investigation," the official complaint reads.

The Mississippi Rules of Professional Conduct prohibits lawyers from intentionally disrupting a court proceeding and violating that rule constitutes professional misconduct, according to the complaint.

Waide said he will be protesting the complaint on behalf of Smith. "We'll file an answer, which will say that Mr. Smith has not done anything wrong," Waide said.

Kilgore filed another informal complaint May 19 based on information provided by Hinds County Circuit Judge Tomie Green.

The complaint suggests Green appointed Amy Whitten as special master to hear a petition from the attorney general to quash certain grand jury subpoenas Smith issued.

"Smith attempted to contact the special master ex parte requiring Judge Green to issue an order clarifying that ex parte communication with the special master was prohibited," the complaint reads.

On Feb. 12, Smith held a news conference in which he claimed Green had improper ex-parte communications with attorney Faye Peterson and other attorneys. He also accused Green of improperly setting bond and dismissing criminal cases "behind his back."

"I am appalled at your malicious and unprofessional statements made during a February 12, 2016 news conference," Green wrote in a letter to Smith on Feb. 17. "Your conduct was intentional, retaliatory and improperly coercive at a time when I had under advisement an issue dealing with the impropriety of subpoenas you issued,"

Waide said he is aware of the charges Smith has made. "Mr. Smith has not made any allegations against any public official without a basis for those allegations," he said. "Any statements he has made are within his freedom of speech rights protected by the First Amendment of the United States Constitution."

Green also addressed an "odd" and "improper" incident in which Smith slipped a note under her door, asking her to set up a meeting with his mother, Alice Smith. "The next day his Mom left a voicemail at my office. She said it was left in response to me, but I never talked to her. She was a bit irate and demanded respect and said she knew 'what to do,'" Green wrote in a letter to Kilgore.

Smith's alleged violations of the professional code within the complaint are grounds for discipline, according to the complaint. A complaint tribunal could take one of five actions in response to the bar complaint: dismiss the complaint, or discipline Smith through a private reprimand, a public reprimand, suspension or disbarment.